Legal Books Research Articles

Criminal Law Enforcement Related to the Crime of Child Copulation (Study of Decision Number 429/Pid.Sus/2021/PN Bdg)

Indecency includes all acts related to sexual life that violate morality (propriety), including intercourse outside of marriage. The Criminal Code classifies the crime of indecency as a crime against morality. Currently, there is a rise in the crime of indecency, with children often being the victims. Children are part of the younger generation and a potential human resource; therefore, perpetrators of sexual crimes against children must face appropriate punishment. The position of children as the younger generation who will carry forward the noble ideals of the nation requires that their rights and protection be upheld and respected. This research aims to assess the protection provided to child victims of sexual crimes in the city of Pekanbaru, as well as the forms of protection that have been established and implemented in the jurisdiction of the Pekanbaru Police Department (Polresta Pekanbaru). The research was conducted in Pekanbaru, particularly at Polresta Pekanbaru. In terms of data collection techniques, the author used a normative juridical approach, guided by legislation, legal books or literature, and other materials related to the issues and discussions in this thesis. In this context, the important role of parents and the community or the environment is emphasized to provide attention and supervision, ensuring that acts against children as victims of sexual crimes do not occur. Furthermore, in the implementation of legal protection for child victims of sexual crimes, the involved parties must actively and responsibly carry out their duties to ensure the legal protection of child victims of sexual crimes.

The Right To Inquiry: Its Influence on The Results of The 2024 General Election

Based on the explanation above, it can be concluded that this research aims to analyze the function of the People's Representative Council's right to inquiry in influencing the results of the 2024 general election. In line with the characteristics and color of sentences that researchers use in this article, this research is qualitative research with a normative/normative approach. approach to regulations and laws relating to the era of the right to inquiry, the history of the right to inquiry, the scope of the right to inquiry, the object of the right to inquiry, and the influence of the right to inquiry on the results of the 2024 Presidential and Vice Presidential general elections. In line with qualitative research with other descriptive approaches, research This uses secondary data in the form of statutory regulations relating to the right to inquiry, legal books, scientific articles, and various other secondary legal sources which are usually used as references in qualitative research with a normative approach. These data were analyzed using the method of grammatical legal interpretation, namely interpreting word for word in statutory regulations, legal doctrine and scientific articles. As well as a systematic legal interpretation method in accordance with the hierarchy of laws and regulations.

Penyelesaian Sengketa Pertanahan Gedung Olahraga (GOR) Tanjungbalai di Pengadilan Negeri Tanjungbalai

Land holds great importance for all individuals, including personal individuals (natuurlijk persoon) with ownership rights and public entities (rechtpersoon). Both are recognized as legal subjects with land as the object of their legal rights. The significance of land lies in its use for agriculture, settlements, commercial buildings like shops and structures, and other developments. This research focuses on the land dispute resolution process at the Tanjungbalai Sports Hall (GOR) in the Tanjungbalai District Court. The aim is to explore the factors considered by the panel of judges in making decisions on land disputes in the court. An empirical legal research method is used with a case study at the Tanjungbalai District Court Office. This study primarily relies on legal materials such as regulations, supplemented by secondary sources like legal books, and tertiary sources like non-legal books. Non-litigation dispute resolution is necessary to achieve a beneficial resolution for both parties. This applies to all cases brought to the District Court. Mediation or non-litigation dispute resolution aims for the parties to reach mutually beneficial agreements with the assistance of a neutral third party. However, ultimately, the parties themselves make the final decision. The settlement process is carried out through two mechanisms, namely compensation payments. In this case, the applicant demands compensation of 17 million, while the defendant requests 6 million. Despite reports that a budget of 9.6 billion is available, the Tanjungbalai City Government suddenly withdrew and refused to pay the agreed compensation. In deciding this case, the Judge must consider and prioritize the principles of justice, legal certainty, and practicality to reach an ideal, win-win decision that does not burden either party and is well accepted.

Legal Guarantee for the Sustainability and Existence of Traditional Religion in Indonesia

The state is a legal relationship between groups of people which is formed because of an agreement to live side by side, which in this legal relationship gives rise to an agreement between the parties who bind themselves, in this case a state is based on or is based on the existence of the law itself which is the foundation. survival of a country. The sustainability of a country is determined by the existence of laws that regulate all aspects of life between members of society, including freedom of religion. Indonesia is a country that has diverse customs, culture and beliefs which basically in Article 29 paragraph (2) of the 1945 Constitution guarantees religious freedom but unfortunately there are only six officially recognized religions in Indonesia including Islam, Christianity and Catholicism. , Hinduism, Buddhism, and Confucianism. In reality, there are various traditional beliefs in Indonesia. If we look at the existence of Article 29 paragraph (2) of the 1945 Constitution, it can be said that religious freedom has not yet been realized, therefore this research is expected to find a solution to how legal efforts can be taken to guarantee the existence and sustainability of traditional religions considering that the rights of religious adherents still exist. unrealized beliefs. This research uses a normative method using a quantitative approach and uses legal materials in the form of secondary legal materials which are legal books and legal journals.

TELAAH PERKAWINAN SETELAH KEHAMILAN DALAM KITAB HUKUM ISLAM KARYA PROF.DR H. SUPARMAN USMAN, S.H

Building on the phenomenon of Generation Z regarding common marriage practices during pregnancy, this research examines the meaning derived from sources in the Islamic legal book of Indonesia. Scholars consider various legal aspects, emphasizing their own interpretations of the pillars of Islamic law. This observation, made by contemplating the beautiful verses of Allah in the Qur'an and the words and actions of the Prophet in the Hadith, provides insights for legal practitioners and researchers. It also establishes a foundation for just and Islamic principle-aligned policies concerning the legality of such actions from an Islamic perspective.

OPTIMALISASI KETERLIBATAN PEMUDA SEBAGAI GENERASI PERUBAHAN DALAM SISTEM DEMOKRASI MELALUI PEMILIHAN UMUM 2024

The younger generation is a generation of change that must continue to fight and be able to manage the transition process of democracy towards a better direction, especially by overseeing the implementation of a just political process. The involvement of the younger generation is a crucial aspect in the sustainability of democracy. This research aims to understand the influence of the younger generation on the organization of the 2024 general election as a form of democracy and the role of the younger generation as agents of change in monitoring the 2024 general election. The research method uses a normative research approach, focusing on written laws or regulations and societal norms. Legal source materials include primary legal materials such as legislation, jurisprudence, court decisions, and official state documents, as well as secondary legal materials such as legal books and legal journals that contain fundamental principles. The research results indicate that the involvement and role of young people as change agents in a 2024 election within a democratic system need to be optimized from various aspects, including political participation, monitoring to prevent political corruption, advocacy and representation, voter education and socialization, technological literacy and social media, and as safeguards against election fraud, which would lead to a much better democracy.

Analyzing the Ratio Decidendi: Court of Appeals Decision Reversing District Court’s Ruling in an Election Process Dispute

In practice, the General Election process disputes must be brought before the State Administrative Court. Decision Number 757/Pdt.G/2023/PN Jkt.Pst exceeded its jurisdictional limits. This is because the Central Jakarta District Court ruled over the dispute when it did not have the authority. The decision was revoked by decision Number 230/Pdt/2023/PT DKI due to its violation of applicable regulations regarding absolute competence. The legal basis for this revocation has been underscored in Article 470 of Law Number 7 of 2017 concerning General Elections and Article 25 of Law Number 48 of 2009 concerning Judicial Power. This study aims to determine the legal principle of decision Number 230/Pdt/2023/PT DKI, which overturned the Central Jakarta District Court's decision regarding the dispute over the General Election process. The research methodology utilized in this inquiry is normative legal research incorporating a statutory, conceptual, and case-based approach. The legal materials utilized include primary legal materials, such as laws, regulations, and court decisions, and secondary legal materials, including legal books, research journals, and theses pertinent to the research area. The findings indicate that the verdict issued by the DKI Jakarta High Court Judges' Panel was justified. As part of the Supreme Court's voorpost function, the Court of Appeals is responsible for addressing judicial technical and administrative matters that arise at the initial level.

Profit Sharing System of Oil Palm Fresh Fruit Bunches (FFB) between Plasma Farmers and Palm Oil Companies in Kalimantan Province

The aim of this research is tosystem of oil palm fresh fruit bunches (FFB) between plasma farmers and palm oil companies in Kalimantan Province. This research is socio-legal legal research that was carried out at PT. Ichtiar Gusti Pudi in South Amboyo Village, Ngabang Subdistrict, Landak Regency, West Kalimantan Province. Primary legal materials are the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 2014 concerning Plantations and the Civil Code, as well as various regulations related to oil palm plantation activities. Secondary legal materials involved legal books, especially those related to oil palm plantations included various articles and journals related to the problems in the research. Tertiary legal materials are the Law Dictionary and the Big Indonesian Dictionary, both printed and online versions. A data collection tool was in the form of interviews. Interviews were conducted with respondents and resource persons consisting of plasma farmers, managers of PT. Ichtiar Gusti Pudi in South Amboyo Village, Ngabang Subdistrict, Landak Regency, and administrators of the Maju Mandiri Cooperative, as well as Head of the Landak Regency Plantation Service. Data analysis consists of a flow of activities that occur simultaneously, namely data reduction, data presentation, and drawing conclusions. The urgency of contracts or agreements in the oil palm Fresh Fruit Bunches (FFB) production sharing system between plasma farmers and palm oil companies is required to clarify the rights and obligations of each party, including the oil palm Fresh Fruit Bunches (FFB) profit sharing system between plasma farmers and palm oil plantation companies.

Legal Consequences For Foreign Guaranteers in Indonesia Who Do Violation

Every foreigner who holds a Visit Stay Permit, Limited Stay Permit, and Permanent Stay Permit is required to have a Guarantor who guarantees the existence and activities of guaranteed foreigners while in Indonesian Territory. The absence of detailed regulations and special legal protection for a guarantor has various impacts and consequences. One of them is the lack of responsibility of a guarantor. This research is legal research, which focuses on legal studies on positive law. The problem approach used is the philosophical approach, the statutory approach and the conceptual approach. primary legal materials in the form of laws and regulations relating to research problems and secondary legal materials, namely legal materials that provide explanations of primary legal materials, such as legal books, journals, published magazines relating to the problem. The results of the research show that the responsibility of a guarantor is to supervise and monitor the activities of the foreigners he guarantees in Indonesian territory, to be responsible for the presence and activities of foreigners while in Indonesian territory, Article 63 paragraph (2) of Law no. 6 of 2011, which confirms the guarantor's obligation to report if there is a change in civil status, immigration status and change of address or becomes the subject of immigration administrative action in the form of deportation, the guarantor's sanctions for violations are more administrative in nature. More severe criminal sanctions are often not carried out in law enforcement. Supposedly a foreigner who violates the provisions of Article 116, the guarantor can already be said to have violated the provisions of article 118 because he does not fulfill obligations related to the existence of the guaranteed foreigner.

Juridical Analysis of the Crime of Child Abuse Is Also Done by Children

The purpose of this study is to determine the qualifications of criminal acts of sexual abuse of children in the view of criminal law. And to find out the application of criminal law to the crime of child abuse committed by children in Decision Number 8/Pid.Sus-Anak/2017/PN.Tgn. The research method uses normative law which places law as a system of norms, concerning principles, rules, laws and regulations, court decisions, agreements, and doctrines. Primary, secondary, and tertiary research methods are data obtained from the literature that have a relationship with the research focus. In normative legal research, the main source of data from primary law includes regulations, legislation, and legal materials. secondary includes legal books, legal experts, and scholarly academics. Tertiary includes an explanation of primary legal materials and secondary legal materials. Conclusion Qualification of criminal acts of sexual abuse of children in the view of criminal law can be qualified in Articles 290-296 of the Criminal Code as lex generalis and Articles 76E and Article 82 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2014 concerning Child Protection as lex specialis. The application of material criminal law by the Panel of Judges of the Tangerang District Court in case Number 8/Pid.SusAnak/ 2017/PN.Tgn which stated that the defendant MF had been legally and convincingly proven guilty of committing the crime of sexual abuse of a child with the victim NPA regulated in Article 82 Jo. Article 76E UU RI No. 35 of 2014 concerning Amendments to RI Law No. 23 of 2002 concerning Child Protection is correct.

The Causes of Penalty Aggravation in the Penal Code of Afghanistan, and the Islamic Penal Law of Iran: A Comparative Study

Aim: The primary aim of this study was to examine the causes of the aggravation of punishment in the penal code of Afghanistan and compares it to the Islamic penal Law of Iran to specify additional causes of aggravation.
 Methods: This study is qualitative in nature and was conducted using a comparative research design, in which the penal code of Afghanistan was compared with the Islamic Penal Law of Iran. In addition to the laws of both countries, various legal books have been used to investigate this issue.
 Results: The penal code of Afghanistan has covered many necessary causes in terms of penalty aggravation, but some other causes, such as crimes on sacred days and places, removing the amount from the use of explosives, committing some crimes by foreign nationals and others are not considered as causes of aggravation, such as in the Islamic Penal law.
 Conclusion: The penal code Afghanistan had neglected some important issues, which is included in the Islamic penal law of Iran, which made it easy for the criminals to commit some heavy and serious crimes.
 Recommendation: As the new interim government need to have the penal code, they should consider all those important causes which have identified in this study and another literature.

A Study on the English Translation of the Penal Code Section of Ta Tsing Leu Lee from the Perspective of Eco-Translatology: A Case Study of the English Translation by Sir George Thomas Staunton

Ta Tsing Leu Lee is an important milestone in China’s legal history. The well-established law code has rich content, including provisions on the basic principles of criminal law, the identification and punishment of various crimes, and judicial procedures. The promulgation and implementation of Ta Tsing Leu Lee promoted the transformation of China’s traditional legal system to a modern one and had a profound impact on later research on criminal law in China. The English version of this legal book translated by Sir George Thomas Staunton was the first attempt by Europeans to translate a whole Chinese legal book, which is of great significance for enriching the research on English translation of criminal law works. In this paper, an in-depth analysis of excerpts from the English translation of the penal code section of the book was conducted using the “three-dimensional transformation” theory of eco-translatology, including the linguistic, cultural adaptation, and communicative dimensions, in order to provide some insights for the English translation of contemporary legal books and their overseas spread.

Comparison Study of Indonesia and France Judicial Commission Model

The study aimed to examine the comparative study of the Indonesian State Judicial Commission and the French State Judicial Commission. In the analysis, the normative analysis method is used by observing inferior information because it emphasizes more on research from various legal books, journals and previous research literature. The results of this study are the Judicial Commission even though its position is supporting to the judicial authority body. The authority of the Judicial Commission in court is not as one who decides on a case but as an enforcement agency for ethical norms. In the field of judges, the Judicial Commission is not involved in terms of organization, personnel, administration and finance. Related to this, the Judicial Commission is different from those in European countries, for example France. The Judicial Commission in France (Conseil Superieur de la Magistrature or CSM) has authority in specific areas based on technical policies and policy-making on the judicial aspect. The French Judicial Commission as well as in Europe usually has authority regarding agency management, calculation and administration of justice including in carrying out advertisements, transfers, recruitment and distributing rewards to judges. The authority of the Supreme Court is an institution that carries out the functions of the judiciary and its duties are related to adjudicating and not dealing with matters related to the administration and organization of justice.

Penegakan Hukum dalam Pelayanan Pemungutan Pajak Kendaraan Bermotor (PKB) di Kantor Unit Pelaksana Teknis Pengelolaan Pendapatan Daerah (UPT PPD) Pandan, Provinsi Sumatera Utara

The purpose of this study was to find out the legal arrangements, law enforcement obstacles and how to overcome them in collecting Motor Vehicle Tax (PKB) at the Pandan Regional Revenue Management Technical Implementation Unit Office (UPTPPD) based on the legal regulations in force in Pandan Region. The research method used in this research is Normative Juridical by searching and collecting data through library research from reading sources in the form of related legal books, opinions of legal experts, related laws and regulations, related websites and interview results. The results of the study show that the implementation of PKB collection at the Provsu BPPRD starts from registration, determination, payment by the taxpayer and validation to the deposit to the regional treasury by carrying out based on the Permen, Permendagri, Pergubsu that apply at UPT PPD Pandan as a form of implementation of Law no. 28 of 2009 concerning Regional Taxes and Levies. Furthermore, regarding obstacles in the implementation of motorized vehicle tax collection at the Regional Tax and Retribution Management Agency of North Sumatra Province, are the inclusion of the owner's identity (KTP and SIM) according to the tax note/STNK, technical gaps in service to taxpayers, PKB payments with the online system, payments via Banks, the large number of motor vehicle tax arrears objects both caused by the negligence of taxpayers in fulfilling their obligations to pay taxes.

Perlindungan Hukum Terhadap Pemberi Pinjaman dalam Sistem Fintech Peer to Peer Lending (Studi pada Otoritas Jasa Keuangan Kantor Regional 5 Sumatera Bagian Utara)

The problems discussed in this paper are How is the legal arrangement of lenders in the Peer To Peer Lending system, especially in the city of Medan where POJK is the foundation, How is the application of legal protection to lenders in the Peer to Peer Lending system, What are the obstacles and efforts on the part of the lender? lenders in the peer to peer lending financial technology system at OJK regional office 5, Northern Sumatra. The research method used by the author is normative juridical by finding and collecting data through library research from reading sources in the form of related legal books, legal expert opinions, related legislation, related websites, and interview results. The results of this study show that legal protection for Lenders can be realized in a preventive manner based on Article 29 of POJK Number 77/POJK.01/2016, namely by applying basic principles for Providers and repressive legal protection based on Article 37 of POJK Number 77/POJK.01/ 2016 concerning Information Technology-based Lending and Borrowing Services and Article 38 of POJK Number 1/POJK.07/2013 in conjunction with POJK Number 6/POJK.06/2022 concerning Consumer and Community Protection in the Financial Services Sector. when it comes from a system error.

Implementasi Undang-Undang Perkebunan dalam Penanganan Pencurian Hasil Kebun Kelapa Sawit di Wilayah Hukum Polres Langkat

The purpose of this study is to analyze the legal rules regarding theft in Indonesia, the implementation of the Plantation Law in handling the theft of oil palm plantations and the obstacles in the Langkat Police Legal Area. The research method used by the author is normative juridical by finding and collecting data through library research from reading sources in the form of legal books, legal expert opinions, laws and regulations, websites, and interview results. The results of the study show that the legal rules regarding palm oil theft in Indonesia are regulated in Article 107 Letter d of Law No.39 of 2014 concerning Plantations. In its application, any person who illegally harvests and/or collects plantation products shall be sentenced to a maximum imprisonment of 4 (four) years and a maximum fine of Rp. 4,000,000,000, - (four billion rupiah) and this is if the victim is a company that has a land area of more than 25 ha and already has a plantation permit from the government, but for cases where the victim is an individual, the article is not subject to the regulation of the Supreme Court, and countermeasures with preventive efforts where the handling focuses on prevention or control before the occurrence of the crime of theft. Repressive efforts are more in the nature of prosecution or eradication after the criminal act of theft of Oil Palm Fresh Fruit Bunches.

Pandangan Islam Mengenai Surat Kuasa Profesi Advokat dengan Al-Wakalah Ditinjau dari Ayat-Ayat Al-Qur’an dan Hadis

Indonesia as a state of law based on Pancasila and the constitution of the Republic of Indonesia year 1945, Indonesia is a country with a majority Muslim population, which makes Islam dominant in governing its people in every line of life It includes the teachings of truth, honesty, and justice that a person of law enforcement in Indonesia must possess. Advocate is one of the professions of law enforcement in Indonesia that have dedicated itself to the interests of the community and have contributed to the establishment of justice and truth. so the advocate profession has been called the “Officium Nobile" profession. In Islam, everything has been arranged in such a way that the welfare of Muslims is realized. This includes the matter of deputy representation in an affair (al-wakalah). n carrying out their duties as advocates, clients often represent themselves to advocates in litigating in court (legal Representation, due to matters that cannot be abandoned by the client or lack sufficient legal knowledge in litigation in court or because of the statutory requirements due to the threat of more than five years of confinement. So a power of attorney is issued that makes the basis for an advocate to have a case representing his client in court. In article 1792 KuhPer it is explained that a power of attorney is an agreement by which a person gives to another person who receives it on his behalf conducting an affair. The method used is normative juridical writing type, Research library data collection techniques (libraries) that emphasize sources of information from legal books, journals, papers, and opinions that have a relevant relationship to the problem under study. The result of this paper is a description of the harmony of the concept of power of attorney in Islam with a review of the verses of the Qur'an and Hadith. Keywords : Verses of the Qur'an, Hadith, Power of attorney, and al-Wakalah.
 Keywords: Verses of the Qur'an, Hadith, Power of attorney, and al-Wakalah.

Hukum Hadat Dayak Ngaju: Tahiu Janji Pangawin di Kalimantan Tengah

<p style="text-align: justify;">The purpose of this study is to find out how the Ngaju Dayak Hadat Law regulates the application of tahiu promise pangawin to the Ngaju Dayak indigenous people. The method that the author uses is a normative research method with a library study approach, using primary and secondary legal materials such as 96 articles of Damai Tumbang Anoi, the book of Panaturan, marriage agreements, legal books and legal research results. The results of this study that know the promise of pangawin is a customary law of the Ngaju Dayak community to form an eternal household but only death can separate because for the Ngaju Dayak indigenous people marriage is a sacred and sacred thing, it is very necessary to maintain its sanctity. In accordance with the teachings they believe, referring to the marriage stories between Raja Garing Hatungku and Nyai Endas Bulau Lisan Tingang in the book of Panaturan chapter 30. For those who violate the promise of marriage, they will be subject to sanctions in accordance with article 3, namely singer hatulang not yet in the 96 articles of Peace. Fall Anoi.</p>

PARATE EKSEKUSI HAK TANGGUNGAN SEBAGAI SARANA UNTUK MENGATASI KREDIT MACET (Tinjauan Yuridis Menurut Hukum Perdata)

This paper aims to describe the execution of mortgage rights as a means of overcoming bad debts in a review of civil law. The focus of this research is how creditors decide on the implementation of mortgage execution in overcoming bad credit? What is the model for implementing parate execution of debt guarantees by debtors? This type of research is library research with an emphasis on information sources derived from legal books, articles, journals and literature that are relevant and aligned with the object of this research. The results of the study show that the execution of mortgage rights is carried out through a public auction mechanism by maximizing the efforts made by creditors in collecting their receivables either persuasively or by giving subpoenas/warnings. The execution model of the Debtor's debt guarantee through the Public Auction mechanism is carried out through the stages, namely verification of the document for the auction request for execution of the Mortgage by the auctioneer, determining the schedule for carrying out the auction. auction parate execution, fourth stage of verification of prospective bidders, fifth stage of auction implementation and determination of winners and sixth stage of making legal products in the form of minutes of auction.

IMPLEMENTASI SERTIFIKASI DAN LABELISASI HALAL PADA PRODUK PANGAN OLAHAN DAN HASIL PERTANIAN IMPOR SERTA KAITANNYA DALAM PERDAGANGAN INTERNASIONAL

Import activities are strongly related to international trade that one of the objectives is to meet the needs of a country. Indonesia carries out import activities on processed food products and agricultural products in order to fulfill food needs. To protect Indonesian consumers who are predominantly Muslim, Indonesia has passed legislation regarding halal certification and labeling through Law Number 33 the year 2014 concerning Halal Product Assurance. The ratification of the Law Number 33 of 2014 became an issue when looking at the fact that Indonesia is a member of the WTO country. The problems studied in this study include: (1) How is the implementation of Law Number 33 of 2014 concerning Halal Product Assurance in Halal certification and labeling of imported processed food products and imported agricultural products in Indonesia and (2) How is harmonized Law Number 33 the year 2014 concerning Halal Product Assurance, especially on halal certification and labeling of imported processed food products and imported agricultural products in Indonesia related to the Technical Barriers to Trade agreement? The implementation of Law Number 33 of 2014 has changed the provisions regarding halal certification and labeling of products circulating and traded in Indonesia, including imported processed food products and imported agricultural products, to become mandatory. The conformity of the Law Number 33 of 2014 which is included in technical regulations with the TBT Agreement is an urgency to ensure that national regulations and/or policies do not become obstacles in international trade. The research method used is juridical-normative with the data sources obtained in the form of primary legal materials in the form of laws and regulations, GATT 1994, and the TBT Agreement, secondary legal materials including legal books and journals, and tertiary legal materials, such as legal dictionaries.